CENTRAL BOARD OF DIRECT TAXES AND ITS POWERS
Central Board of Direct Taxes is the highest authority in the administrative set of the Income tax department. It was constituted under the provision of Central Board of Revenue Act 1963. The board functions under the control of Ministry of Finance, Government of India. Its jurisdiction is whole of India.
The whole of income tax department is to be looked after by the board. It has to perform the function of administration, supervision and control of entire income tax structure in India. The orders and directions issued by the board are to be compared with all the subordinate authorities.
The income tax Act provides following specific powers to the board:
1. The board can declare any association whether incorporated or not and whether Indian, or Non Indian as company under the provision of Section 2(17)
2. The board has power to determine the jurisdiction of various authorities mentioned in this act. (Section 118)
3. The board may issue directions for the exercise of powers and performance of the functions by all or any of these authorities. While issuing such direction the Board will keep in mind any of the following criteria such as: territorial area, persons or classes of person, incomes or classes of incomes and cases or classes of cases. (section 120(1) and (3)
4. The board may authorise by general or specific order, director general or director to perform the powers of any of the income tax authorities. (section 120)
5. The board may authorise any of the authorities to exercise its power concurrently with any pother authority. In case such notification is issued by the board, the lower authority in rank shall exercise such powers as are directed to it by higher authority. (Section 120 (5))
6. The board may empower director general or chief commissioner or commissioner to authorise deputy commissioner or deputy director to exercise the powers of assessing authority in respect of any specified area, person, incomes or cases or class of persons, class of income or class of cases. (Section 120 (4))
7. To carry out the different provisions of the Act the board makes for whole of India (section 295)
8. The CBDT has been empowered by taxation laws (amendment) Act 1975 to make rules regarding the maintenance of accounts and documents required under section 44AA. It is obligatory for professionals to maintain such books and documents as may enable the Assessing officer to compute his total income.
9. The board has the power to make rules and issue orders, instructions, directions etc, to all the persons employed for proper and efficient administration of the act but the board cannot issue orders, directions etc of the following manner:
(a) To require any income tax authority to make a particular assessment or to dispose of a particular case in a particular manner.
(b) To interfere with the direction of the Deputy Commissioner of Income tax in the exercise of his appellate functions.
POWERS OF CBDT:
The whole of income tax department is to be looked after by the board. It has to perform the function of administration, supervision and control of entire income tax structure in India. The orders and directions issued by the board are to be compared with all the subordinate authorities.
The income tax Act provides following specific powers to the board:
1. The board can declare any association whether incorporated or not and whether Indian, or Non Indian as company under the provision of Section 2(17)
2. The board has power to determine the jurisdiction of various authorities mentioned in this act. (Section 118)
3. The board may issue directions for the exercise of powers and performance of the functions by all or any of these authorities. While issuing such direction the Board will keep in mind any of the following criteria such as: territorial area, persons or classes of person, incomes or classes of incomes and cases or classes of cases. (section 120(1) and (3)
4. The board may authorise by general or specific order, director general or director to perform the powers of any of the income tax authorities. (section 120)
5. The board may authorise any of the authorities to exercise its power concurrently with any pother authority. In case such notification is issued by the board, the lower authority in rank shall exercise such powers as are directed to it by higher authority. (Section 120 (5))
6. The board may empower director general or chief commissioner or commissioner to authorise deputy commissioner or deputy director to exercise the powers of assessing authority in respect of any specified area, person, incomes or cases or class of persons, class of income or class of cases. (Section 120 (4))
7. To carry out the different provisions of the Act the board makes for whole of India (section 295)
8. The CBDT has been empowered by taxation laws (amendment) Act 1975 to make rules regarding the maintenance of accounts and documents required under section 44AA. It is obligatory for professionals to maintain such books and documents as may enable the Assessing officer to compute his total income.
9. The board has the power to make rules and issue orders, instructions, directions etc, to all the persons employed for proper and efficient administration of the act but the board cannot issue orders, directions etc of the following manner:
(a) To require any income tax authority to make a particular assessment or to dispose of a particular case in a particular manner.
(b) To interfere with the direction of the Deputy Commissioner of Income tax in the exercise of his appellate functions.
Comments
Post a Comment